    [Public Papers of the Presidents of the United States: George W. Bush (2004, Book III)]
    [November 29, 2004]
    [Pages 3014-3016]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Memorandum on Improving Spectrum Management for the 21st Century
    November 29, 2004

    Memorandum for the Heads of Executive Departments and Agencies

    Subject: Improving Spectrum Management for the 21st Century

        In May 2003, I established the Spectrum Policy Initiative to promote
    the development and implementation of a U.S. spectrum management policy
    for the 21st century. This initiative will foster economic growth;
    promote our national and homeland security; maintain U.S. global
    leadership in communications technology; and satisfy other vital U.S.
    needs in areas such as public safety, scientific research, Federal
    transportation infrastructure, and law enforcement.
        The existing legal and policy framework for spectrum management has
    not kept pace with the dramatic changes in technology and spectrum use.
    Under the existing framework, the Federal Government generally reviews
    every change in spectrum use. This process is often slow and inflexible
    and can discourage the introduction of new technologies. Some spectrum
    users, including Government agencies, have argued that the existing
    spectrum process is insufficiently responsive to the need to protect
    current critical uses.
        As a result, I directed the Secretary of Commerce to prepare
    recommendations for improving spectrum management. The Secretary of
    Commerce then established a Federal Government Spectrum Task Force and
    initiated a series of public meetings to address improvements in
    policies affecting spectrum use by the Federal Government, State, and
    local governments, and the private sector. The recommendations resulting
    from these activities were included in a two-part series of reports
    released by the Secretary of Commerce in June 2004, under the title
    Spectrum Policy for the 21st Century--The President's Spectrum Policy
    Initiative (Reports).
        Therefore, to the extent permitted by law and within existing
    appropriations, I hereby direct the heads of executive departments and
    agencies (agencies) to implement the recommendations in the Reports as
    follows:
        Section 1. Office of Management and Budget.
        Within 6 months of the date of this memorandum, the Office of
    Management and Budget (OMB) shall provide guidance to the agencies for
    improving capital planning and investment control procedures to better
    identify spectrum requirements and the costs of investments in spectrum-
    dependent programs and systems. Within 1 year of the date of this
    memorandum, agencies shall implement methods for improving capital
    planning and investment control procedures consistent with the OMB
    guidance, including making any modifications to agency capital planning
    procedures necessary to ensure greater consideration of more efficient
    and cost-effective spectrum use.
        Section 2. Other Executive Departments and Agencies.
        (a) Within 1 year of the date of this memorandum, the heads of
    agencies selected by the Secretary of Commerce shall provide agency-
    specific strategic spectrum plans (agency plans) to the Secretary of
    Commerce that include: (1) spectrum requirements, including bandwidth
    and frequency location for future technologies or services; (2) the
    planned uses of new technologies or expanded services requiring spectrum
    over a period of time agreed to by the selected agencies; and (3)
    suggested spectrum efficient approaches to meeting identified spectrum
    requirements. The heads of agencies shall update their agency plans
    biennially. In addition, the heads of agencies will implement a formal
    process

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    to evaluate their pro-posed needs for spectrum. Such process shall
    include an analysis and assessment of the options available to obtain
    the associated communications services that are most spectrum-efficient
    and the effective alternatives available to meet the agency mission
    requirements. Heads of agencies shall provide their analysis and
    assessment to the National Telecommunications and Information
    Administration (NTIA) for review when seeking spectrum certification
    from the NTIA.
        (b) Within 6 months of the date of this memorandum, the Secretary of
    Homeland Security, in coordination with the Secretary of Commerce and,
    as appropriate, the Chairman of the Federal Communications Commission,
    and considering the views of representatives from: (1) the public safety
    community, (2) State, local, tribal, and regional governments; and (3)
    the private sector, shall identify public safety spectrum needs.
        (c) Within 1 year of the date of this memorandum, the Secretary of
    Homeland Security, in consultation with the Secretary of Commerce, the
    Director of the Office of Science and Technology Policy, the Director of
    the Office of Management and Budget, the Attorney General, the
    Secretaries of State, Defense, Transportation, Agriculture, and the
    Interior, the heads of other appropriate agencies, and, as appropriate,
    the Chairman of the Federal Communications Commission, shall develop a
    comprehensive plan, the Spectrum Needs Plan, to address issues related
    to communication spectrum used by the public safety community, as well
    as the continuity of Government operations. The Spectrum Needs Plan
    shall be submitted to the President through the Assistant to the
    President for Homeland Security, in coordination with the Assistant to
    the President for Economic Policy and other relevant components of the
    Executive Office of the President.
        Section 3. Department of Commerce.
        (a) Within 6 months after receiving the agency plans developed in
    section 2(a) of this memorandum, the Secretary of Commerce shall
    integrate the agency plans and Spectrum Needs Plan, based upon a
    Department of Commerce framework, into a Federal Strategic Spectrum Plan
    and shall assist in the formulation of a National Strategic Spectrum
    Plan. The Secretary of Commerce, in consultation with the Chairman of
    the Federal Communications Commission, as appropriate, shall update the
    National Strategic Spectrum Plan on a biennial basis thereafter.
        (b) Within 1 year of the date of this memorandum, the Secretary of
    Commerce, in coordination with other relevant Federal agencies
    identified by the Secretary, shall develop a plan for identifying and
    implementing incentives that promote more efficient and effective use of
    the spectrum while protecting national and homeland security, critical
    infrastructure, and Government services.
        (c) Within 6 months of the date of this memorandum, the Secretary of
    Commerce shall establish a plan for the implementation of all other
    recommendations included in the Reports. Not more than 1 year from the
    date of this memorandum, the Secretary of Commerce shall provide to the
    President a report describing the progress on implementing the
    recommendations in the Reports. The report shall include a section
    prepared by the Secretary of Homeland Security that describes the
    progress made with respect to public safety spectrum issues. This report
    shall be updated on an annual basis, until completion of the actions
    required by this memorandum. The heads of agencies shall provide the
    Secretary of Commerce and the Secretary of Homeland Security with any
    assistance or information required in the preparation of the annual
    report.
        (d) The plans in sections 3(a)-(c) and the annual report developed
    in section 3(c) of this memorandum shall be submitted to the President
    through the Assistant to the

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    President for Economic Policy, in coordination with the Assistant to the
    President for National Security Affairs and other relevant components of
    the Executive Office of the President.
        (e) As appropriate, the Secretary of Commerce and heads of other
    agencies shall consult with the Chairman of the Federal Communications
    Commission regarding the implementation of the recommendations in the
    Reports.
        Section 4. General.
        (a) Nothing in this memorandum shall be construed to impair or
    otherwise affect the functions of the Director of the Office of
    Management and Budget relating to budget, administrative, or legislative
    proposals.
        (b) This memorandum is intended only to improve the internal
    management of the Federal Government and is not intended to, and does
    not, create any right or benefit, substantive or procedural, enforceable
    at law or in equity, by a party against the United States, its
    departments, agencies, entities, instrumentalities, its officers or
    employees, or any other person.
        (c) This order shall be implemented in a manner consistent with
    existing statutes, treaties, Executive Agreements, and Executive Orders
    affecting the operation of any of the departments, agencies, or
    instrumentalities of the Federal Government.

                                                              George W. Bush

    Note: This memorandum was released by the Office of the Press Secretary
    on November 30.